"special report" online with congressman paul answering your questions starts right now. captions by closed captioning services >> shepard: this is "the fox report." tonight, the high school teacher who had sex with the students. now she claims she was insane and plays the victim card. plus, politics. changes in the race for the republic side of the presidency. s who the gospel become a two-man race? a new look now at where the republic rivals stand. and how voters would feel if any of them were to actually wind up here? tonight, the state of the republic race as we countdown to the first caucuses. president obama with a plan to help millions of americans pay off their student loans. >> we're going to make these changes work for students who

are in college right now. >> and the administration says the plan could help families save hundreds of dollars every month. plus, a teacher accused of doing drugs, drinking, and having sex with her students. but her lawyers say the teens actually took advantage of her. >> it's clear that stacy was vulnerable. >> tonight, the defense opens in the case of the gym teacher accused of giving students much more than a work out. but, first from fox this wednesday night, riding high in a brand new poll on the republic side, herman cain. and on the other end of things governor rick perry far behind. it's the statistical tie, of course. and governor perry has plunged to fourth place behind the former house speaker newt gingrich. here is a look how the republic contender stacks up against the

president. these are not head-to-head matchups but the president getting a higher favorable rating than his top challengers. campaign carl cameron is live in d.c. of course, karl, this is a national poll which is deceiving because obviously we vote state by state. >> that's right and cain has been leading national polls for a few weeks now. national polls name recognition getting the most attention from folks like us. when it comes to the actual strength polls in the early states that vote first are the most important. iowa, new hampshire, south carolina, and in florida, in all of these states romney has either been leading or tied at the very top of the polls for most of the year. he is now tied? a couple of cases with herman cain. and that suggests that it could be a very very long process. cain is positioned it to pull off a surprise even a win in iowa. romney is very well positioned in new hampshire. as this plays out, shep, the voting starts in the beginning of the year.

the nomination won't be clinked for several months after that. >> shepard: you mentioned governor romney, he seems to be trying to clear up something he said yesterday. >> yeah, it's been a rough 24 hours for the massachusetts governor. fueled critics who say he is inconsistent and has a problem with flip flopping. romney refused to endorse ballot measure in ohio restricting union bargaining rights yesterday. did he so while he was visiting a phone bank specifically supporting that view. it looked like he was backing off a position that he has actually supported since april or that maybe he just didn't know what he was talking about. today, romney was asked to clarify and he said that he 110% backed that initiative and he was sorry for all the confusion. political role of thumb, shep, confusing voters raises doubts, shep. >> i'm sorry if i created any confusion in that regard. i fully support governor kasich. i know there is other ballot questions there in ohio. i wasn't taking a position on

those. >> if romney has a singular liability people think he is likely to change his position with the people whim. last 24 hours he explains it by causing confusion and unintentionally it really gives republicans heart burn that the guy leading the polls in these early states and tied with herman cain at the top can be found inconsistent so often. >> shepard: carl cammeron in washington. carl, thank you. the president himself looking to rally college students with a new plan that could help them save serious money on their loans. this comes as we get a better idea just how high college costs have climbed. new figures show the cost of tuition and fees at public colleges is up over $8,000 a year. you can see the cost has nearly tripled in the last few decades. today the president told students at the university of colorado paying for college has become too much of a burden. >> now, living with that kind of debt means making some pretty tough choices when you are first starting out. it might mean putting off buying

a house. it might mean you can't start a business idea you have got. wait longer to start a family or certainly it means putting off saving for retirement because you are still paying off student loans. >> shepard: the president says he has a plan that will make things easier for students, even those already in college. let's turn to wendell goler now live at the white house. how exactly does this thing work? >> shep, the executive order has three main components. two are things that congressman already approved that was scheduled to go into effect in 2014. they will go in effect next year instead. one cuts the maximum monthly loan payment of from 15 to 10% of his income. of the other forgives the loan all together after 20 years of payments, instead of 25. third consolidates loans from private lenders under a government program that both reduces the interest rate to the former student and eliminate the lender's fee the government had been paying. part of a series of executive orders the president has issued,

speeding government payments to small businesses. refinancing under water mortgages. putting veterans to work in hospitals and community centers which are aimed at easing the impact of the recession. also popular politically. they are aimed at getting around a congress the president says won't work with him. his aids say there is no substitute for congressional action but better than no action at all. >> shepard: bypassing the republicans, what are they saying about that, wendell? >> not happy about being bypassed. they are not convinced the government should be in the student loan business. remember this loan program part of the health care reform bill basically passed without any republic support. here is wisconsin congressman paul ryan. >> it takes away choice and competition in the student loan market for students. i think it is yet one more example of the federal government taking over function from the private sector and taxpayers are now on the hook as a result of it.

>> tennessee senator lamar alexander says a better way to cut costs cutting health care costs subsidies to colleges and universities. shepard? >> shepard: wendell goler on the north lawn tonight. thanks. a massive rescue underway tonight a man whose wife, mother and four daughters died in turkey's devastating earthquake says he can't even describe the pain. more than 460 people now confirmed dead after sunday's quake in the eastern part of turkey where rescue teams are still pulling out the occasional survivor. at one smashed building, teams switched off their generators, convinced everybody inside was dead. and then seconds later that got word that somebody had called with a cell phone. digging. those more the most part those coming out of the wrack damage these days are coming out in the body bags. with the temperatures getting much colder, starting to switch the focus to finding shelters for the survivors. one official estimates this disaster has affected some

600,000 people. well, a teacher on trial for throwing student sex parties. coming up, how her lawyers are trying to blame the students why they say she cannot be held responsible. plus, what reduced michael jackson's daughter, i should say, doctor, to tears in court today? pretty big finding from the journalists of fox news tonight on this wednesday fox report. [ male announcer ] what's the beat that moves your heart? how about the beat of a healthy heart? campbell's healthy request soup is delicious, and earned this heart, for being heart healthy. ♪ feel the beat? it's amazing what soup cano.

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>> shepard: lawyers for a former gym teacher accused of having sex with her students told her side of the story today. she is safety schueler. accused of having sex with five students last year inside her own home southwest of lebanon, ohio. witnesses have testified they also smoked pot and drank alcohol with the 33-year-old woman. but her lawyers say the teenagers took advantage of her.

>> >> young woman impaired. >> schueler pleaded not guilty by reason of insanity. rick lesson thowl is with us now, insanity. the defense rested late today, right? >> they did, indeed. all 10 defense witnesses say they were shocked and surprised at these allegations including schueler's mom who testified that her daughter was good and kind, sang in the choir. and loved teaching. and t. a toxicologist testified today that schueler's mix of zoloft and alcohol could cause strange behavior and memory loss and former students said they could tell her anything with no judgment and no scolding. >> her classroom was a place that you could go to, no matter what kind of problems you were dealing with and she would help you with it. >> she made sure i was okay and that i was going to be okay and that if i ever needed anything

she was going to be there. emotional support. >> even though the age of consent is 16 in ohio and all of these kids reportedly around 17 years old, because schueler was a teacher and these were her students. even if they consented it would still be a violation of ohio law, allegedly. >> shepard: right. prosecutors say that teacher came up with this insanity defense. in fact, the prosecutors say cooked it up long before the cops ever got. >> a witness was called to the stand who testified that she had created in insanity defense months before this story ever broke. testimony that schueler's home was known as a safe place where these kids could get high give the boys beers and mixed drinks and sexual favors including friday night sleep overs before saturday football practice. the prosecution has one rebuttal witness tomorrow and up to the judge to decide her fate. schueler not expected to testify, shep. >> rick leventhal, thanks very much. michael jackson's personal doctor saves lives. that's what we heard from dr. conrad murray's other patients. defense attorneys in that

doctor's manslaughter trial furthering argument that he treated michael jackson in a professional manner and jackson gave himself the drugs that eventually killed him. the patient who took the stand today all defended dr. murray's record. apparently moving the doctor to tears. >> do you think dr. murray is greedy. >> do i think. >> yes. >> no. >> i have gone to a lot of doctors, i have never had one that gave me the care did he. >> dr. murray is a very caring doctor. is he a very thorough doctor. >> and he is a great guy. >> but prosecutors say even if michael jackson took the lethal medicines himself, dr. murray should have known he was prescribing a dangerous amount of drugs for the singer, including the hospital strength sedative propofol. now, we are learning the defense will call two medical experts to the stand in the coming days and could wrap up questioning by the end of this week. john edwards, the former v.p. candidate was in court today

trying to avoid a trial that could put him away for decades. is he actually a presidential candidate and he admits he has done wrong cheating on his cancer-stricken wife having a baby with another woman. but he claimants he when heoverp that affair. we will get a live update next. and a at the timey exchange on capitol hill over operation fast and furious. the government-run program linked to that death of a u.s. border guard. we have new updates and they are ahead.

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>> the one time white house hopeful john edwards back in court today as his attorneys asked a federal judge to dismiss the charges that he illegally used campaign money to cover up his affair. the former north carolina senator smiling as he entered

the courthouse in greensboro. prosecutors say he spent close to a million dollars in campaign funds on his mistress' living expenses and hide their love child. all while his wife was battling cancer. now, at first john edwards denied the affair completely with the former campaign aide but he later came clean, admitted the pair had a baby girl. attorney claimed the money was in the form of gifts not campaign contributions. they say he was only trying to hide the affair from his wife and broke no laws. you will remember the late elizabeth edwards died of cancer last year. the chief fox report correspondent jonathan hunt is here with the news. jonathan, you know, i was talking with the lawyers today on "studio b." it's their thinking what they are really trying to do is get discovery from the prosecutors. they want information about whose to come at any rate. >> edwards' lawyers arguing this is all political. they say the u.s. attorney to indicted mr. edwards george holdings is a republic who just happens to now be running for congress. they say there is bad political blood between the holdings family and the edwards' family in north carolina politics and

they say in their court motion and i quote here: there is simply no explanation for tax funded investigation of this scope unless the intent was to dig up anything and everything possible on mr. edwards. this actual or appearance of a conflict is highlighted by mr. holdings' announcement to run for office. and in court today they summed up the prosecution case as, quote, crazy, shep? >> shepard: prosecutors responding or being quiet about this. >> prosecutors have responded. they say that the ideal that this is politically motivated and a witch-hunt is complete nonsense. they say the attempt to get this thrown out is, quote, baseless and ignorant of the law. although that is a claim that our own judge andrew napolitano disagrees with. listen to the judge. no i don't think it's baseless or ignorant of the law. the judge isage -- agitated that the senator edwards lawyers

weakest point this law never been used to prosecute set of facts at any time in 25 year history. >> bottom line here, prosecutors have to prove definitively the money used to cover up the affair came from campaign contributions. if they can't do that it's merely a gift. and they are left with a wealthy man using the cash from taught dry affair. tasteless yes but illegal? >> shepard: under fire on capitol hill today after operation fast and furious. you will remember that the federal program that ended up letting hundreds of guns end up in mexico. officials say they were hoping to track the records back to the drug cartels who were buying them. investigators say two of those guns turned up at the scene of the killing of a u.s. border patrol agent named brian terry. that was arizona last year. and that led to this hearing today. >> how is it that you can make the claim that the border is now more secure than ever and, yet,

the obama administration purposely allows literally 2,000 guns to be released? knowing that they are going to go to mexico hundreds of people killed by those weapons and for you to have two dead agents and never had a conversation with eric holder about fast and furious is totally unacceptable. >> no one takes the death of agents more serious than i. and also that one of the reasons that we have not directly dealt with the attorney general on this is he very quickly and appropriately put this matter in the hands of the inspector general. >> shepard: the congressman mentioned two dead agents. officials say so far they have only linked fast and furious to the killing of agent terry which they insist is quite enough. well, a major shakeup today at the mortgage giant freddie mac. that company reporting that its ceo will be stepping down within the year as will the chairman of the board and two other board members. you will recall the government essentially took over freddie mac and sister company fannie

mae because the mortgage crisis threatened to sink each of them. purchased loans from lenders, backpacked them into bonds and sell them to investors. to date, the government rescue has cost taxpayers $141 billion. charles hauledman has been the ceo of freddie mack for a little over two years. came in to clean up the mess. unclear who will take his place. >> hurricane to the south. threat of rain angrying a lot of baseball fans across the nation. we'll break down all the wild weather. plus, three months after the british singer amy winehouse died and we all wondered was it drugs? was it alcohol? what killed her? now we know. [ wind howling ] [ technician ] are you busy?

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>> shepard: amy winehouse drank herself to death. alcohol poisoning killed her. that's the conclusion from the coroner's office in london today. back in july the security guard found the 27-year-old dead in her apartment we're told. police reported there were several empty vodka bottles at the scene. officials now say her blood alcohol level was five times the legal driving limit. and that she had been on a two day bing after several weeks of north drinking at all. the coroner called it death by misadventure in classic british speak. in other words, it was accidental. the grammy whether had long a very public history of substance abuse but tests found no

evidence of any illegal drugs in her system. the feds say they busted a multistate drug ring and arrested four men who could have ties to a mexico call drug cartel. a manhunt underway now for a fifth suspect and that tops our news across america. kentucky. we're told drug enforcement agents had these men under surveillance for months. the suspect reportedly running the operation from a warehouse in louisville. the feds seizing 1200 pounds of pot. $700,000 and some guns. ohio. police say a a-year-old girl came home from school to an empty house in columbus and spent three hours alone in the dark before grabbing the car keys to go find her mother. >> where is your mom at? >> i don't know where she is and i i miss her so much. >> she got the car started but couldn't reach the pedals. >> you got to get her quick.

>> i got to get their quick. >> you my mom is going to be pissed at me. >> florida, this diver plans to spend three days underwater southeast coast to get in the guinness book of world records for longest ever salt water dive. he says he will eat a liquid diet and even sleep down there. adding the rough seas and bother dom. he says he has jimmy buffet tunes to listen to onto help him pass the time and that's a fox watch across america. i'm shepard smith. this is "the fox report." it's the bottom of the hour, time for the top of the news. and those occupy protests have some cities fed up and angry demonstrators fired up. look at this. >> now.

>> shepard: cops in oakland firing tear gas and bean bags trying to reoccupy a city hall. they used tear gas only after somebody threw a bottle at them. the protesters dispute that. >> protesters were not being violent. they provoked protesters. >> they shot tear gas in the clouds, flash bangs, women, children, grandmothers, grandfathers, they are all standing in the same spot. >> shepard: that was oakland. in atlanta crowds chanting we shall overcome. police arresting more than 50 protesters. they left the jail there just a short time ago. [chanting] >> shepard: a nice in jail did not dampen their enthusiasm. the mayor ordered the arrest after reporters spotted the man in the crowd with an assault rifle. the protests all stem from the occupy wall street movement that began in new york city more than a month ago and has spread across our nation. the demonstrators say they're

rallying against corporate greed. critics say the group lacks a clear set of demands. claudia cowan with the news. she is in our san francisco newsroom this afternoon. claudia, why are the cops cracking down right now? >> well, shepard, the crack down was hardly spontaneous. in fact, last week, city leaders in oakland began asking for assistance from neighboring law enforcement agencies knowing that the logistics for this would take a few days. and in the meantime oakland police were warning people to leave because after two weeks the mayor who initially supported the spirit of this rally concluded that the occupy camp had become a real health and public safety hazard. clean up crews have been out there all day long clearing away all the tents, protest signs and all that trash. and putting up a chain link fence around the former encampment. >> the protesters say it's not going to be former encampment for long it will be back night after night after night. >> defiance is in the air and tweets going out.

protesters are vowing to come back tonight and every night until they retake that plaza. oakland police say they will be out in force too and in bigger numbers. shepard, this turf war likely not over yet. >> claudia cowan in san francisco. claudia, thanks. >> fox weather alert it may rain in st. louis. income in quality first though. is another thing that the occupy crowd says it's protesting. tonight, a new study says that the top 1% they talk about just keeps getting richer and richer. the congressional budget office reports that the after tax income for the top 1% of earns have almost tripled. up 275% over the last three decades. compare that to a 40% increase for the middle class. the bottom 20% of earners seeing their paychecks go up by only 18% since 1979. now that fox weather alert. a category 1 hurricane barreling across the caribbean and there is a chance this thing could hit the united states in days. hurricane reena set to make

landfall early tomorrow right over cancun so folks could be in trouble. the storm was packing winds of 110 miles per hour maximum sustained. nasa astronauts evacuated a training lab off the florida keys which they used to simulate emergencies in space. our chief meteorologist is here now. what are the chances that this thing is actually going to hit florida? >> we're going to get some rain in florida but that's it. not going to be talking about a big storm. big concerns from this yesterday. almost a category 3 hurricane. very similar, at least in the time of season that we saw from hurricane wilma. strongest hurricane ever. that's what we were concerned we would have a very strong storm. not looking that strong. satellite imagery still looking pretty good. a lot of rain. fatalities because of the mountainous terrain. messy. weaken through time. might be dealing with a minor tropical around the florida keys. >> denver bureau newsroom in denver. that time of year it might be 80. it might be snowing and both

could happen in the same day. >> a lot of cities try to say that the weather can change really quickly. denver that is definitely the case. one of those towns. around 6 inches of snow downtown proper today in denver. 18 inches up across the higher elevations. if you live in denver you live there because you want to ski. main reason for living in denver. a lot of people happy to get it. so many leaves still on the trees right now. snowfall collects on leaves and dealing with a ton of power outages. 100,000 people without power. trees down all over the place. tonight, it's going to get into the teens. slick driving in the morning. >> a lot of great reasons to live in denver. >> there are. >> shepard: love that town. hang on for a second. major league baseball today five hours before the game called off game six of the world series. postponed due to rain. made a call when not a single drop had fallen on bush stadium. look at the radar now. it's raining. forecasters say they expect the skies to clear up tomorrow. game six 8:00 eastern. texas rangers lead the cardinals. i don't know how you call up a

gave game five hours because it starts because someone like you says it might rain. >> if it was a big dow downpour coming but it's not. light rain there. it's done. tomorrow it will happen. the weather is looking good for tomorrow, good for the day after. >> shepard: not that much rain. this means c.j. wilson might be able to pitch here. >> you think that might be. >> shepard: i don't like it. what am i going to do tonight anyhow. that's all i care about. earlier this month, u.s. officials accused iran of backing a terror plot on u.s. soil right here and now there is word the islamic regime may have a network of cells here, terror cells waiting for orders to strike. details on that ahead. plus, investigators searching for missing infant planning to interview her two older brothers again despite the fact that the family didn't want it to happen. this time they want some d.n.a. samples. missing baby lisa' an update straight ahead. [ engine revs ]

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>> shepard: be very afraid there are probably terrorist cells in the united states waiting for orders from iran. serious warning from a u.s. military commander. earlier this month they said they thwarted a plot to assistant the saudi ambassador in the united states in the united states. the suspect of all things a used car salesman from texas. he pleaded not guilty in federal court here in new york just this week. our chief intelligence correspondent catherine herridge is live in washington tonight. catherine, congress is now investigating this threat from iran or not? >> well, they are, shep. and, in fact, the witness list today seemed pretty heavily stacked with almost every witness supporting stronger action against iran. one of the most striking pieces of testimony came from a former cia operative. >> operationally what i would suggest the committees look at is they look at canada. that's where the iranians have had much more success in developing contacts, networks and i suspect what they will try to do is move the type of operations they have in canada,

move them south. >> and while the texas used car salesman seemed an unlikely choice for assassination plot. the committee was told of a similar plot backed by iran in 1986. >> a failed seller of vegetables and fruit in the streets of paris. yet hezbollah and iranians found him to be ideal candidate to bomb paris. >> as you might expect that plot was busted by french intelligence, shep. >> not all the committee members, catherine were, on the same page in this matter. >> that's an important point. that's correct. two senior republicans on the committee mike mccall of texas and peter king of new york said the alleged plot either amounted an being a of war or all options including the military options would be on the table. senior democrat said rhetoric was overblown. >> one thing is for sure we need sober, reasoned discussion of the foreign policy challenge we

face with iran, not the inflammatory sound bites that have been characteristic of the debate up until now. >> while there is disagreement how bad the threat is there is agreement putting iranian officials on these state department terrorist list doesn't have impact on these guys, shep. >> shepard: catherine herridge in washington. thank you. at least nine people are reportedly dead and six others missing after torrential downpours caused chaos and flooding and that tops our news around the world in 80 seconds. italy, officials warning folks from the ams all the way from sicily to stay indoors. rivers overflowing banks, muddy water roaring through the street taking down bridges and slant slides rocking roads and railways. japan. farmers by the thousands protesting in tokyo. they are marching against the government's possible free trade pack with the united states and other nations.

farmers say it will hurt their business. japan's prime minister claims it's necessary step towards economic growth. china. boeing's new dream liner jet arriving from tokyo on its first flight with paying passengers. a big welcome party on the runway in hong kong. company executives call the plane a game changer, saying it's 20% more fuel efficient than current airplanes. fliers paid thousands to be the first check out what we're told are larger windows and bigger overhead bins. france. before they hit the big screen and before they were international tv stars. the little blue characters known as smurfs were in economic -- comic books. on display in paris before they gone 00 auction block for the first time ever. this one could sell up to $167,000. that's a wrap on this fox trip around the world in 80 seconds.

>> shepard: police in kansas city, missouri are trying to reinterview the brothers of a missing baby. lisa irwin disappeared from her home more than three weeks ago. her parents say somebody snatched her from the crib in the middle of the night. the mother later told fox news she was actually drunk and maybe blacked out at the time. not so sure andot be. so cops are looking to get some answers from lisa irwin's older brothers. trace gallagher is following late developments in our west coast news hub. these kids a and 8 years old. >> 5 and 8 years old. the father says when he came home and found baby lisa missing. the a-year-old was sleeping with mom 8-year-old was in his room. even if the boys didn't see anything significant, they can still give police very keen insight about the hours before baby lisa went missing. a child service specialist will actually conduct the interview. detectives will not be present but they will be feeding that child expert through ear piece.

bottom line the cops are still running the show though they have not interviewed these boys since october 4th the day baby lisa was reported missing. >> they are looking for d.n.a. from those two boys, right? >> yeah. the theory here is all about the process of elimination so what they will do is they have been in that house many, many times. they pulled out a number of d.n.a. samples. many of those samples are unidentified. they will take a cotton swab. they will get d.n.a. samples in the mouth of each boy then compare them to the samples they have from the house. we should also note the parents have agreed to be reinterviewed by the police. the parents want brand new detectives to do that investigation and that interview. because they believe that the current investigators believe they are already guilty. shep? >> shepard: trace gallagher live in los angeles. thanks. lindsay lohan is back in the news today. actually her father this time. a judge in florida absolutely laid into him. he is facing battery charges after what's described as fight with ex-girlfriend. listen to this.

>> if you even dream about her and you violate my order, you goal to jail. >> if you ever dream about her and violate my order, you will go to jail. according to a police report the girlfriend accuses michael lohan, the father of grabbing her, pushing her down, repeatedly during the fight. during his court appearance today, the judge gave lohan some advice. >> usually the public defender's office will make a special statement to you, but since you have a private attorney, i don't know if he had a chance to speak to you, but the bottom line of that comment is keep your mouth shut, don't talk. police say this lohan was due in court because of a previous domestic violence case. instead cops took him away in handcuffs. also got reports that lindsay lohan did a photo shoot for playboy. that tmz is now reporting she did not hold anything back from the cameras. when fish couldn't get through concrete dam crews decided to help them out, made the hole

larger. [explosion] >> shepard: apparently a lot larger. this is hydro electric dam in south cascade. crews used 700,000 pounds of explosives to blast away the base. they are tearing the whole thing down to restore habitat for fish. the dam was more than 12 stories tall. second tallest dam ever to be demolished in the united states. after the solyndra scandal, new questions arose about another loan offer to another company. supporters say the idea was to help american workers. but investigators say the ceo is a billionaire and he did not need the money. we're live on capitol hill. plus, worried about cold or flu this season? turns out you may be picking up a lot of germs in places you go every day. what the dirtiest spots in this country? we'll tell you coming up. congratulations.

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>> shepard: new concerns now over a big government loan to a company but this time we are not talking solyndra. the republic congressman darrell issa is asking the energy department to explain a loan of more than $700 million to a russian company. that money to expand the company's steel plant in michigan. according to congressman issa the company was all set to go ahead with the project without help from taxpayers. we are told the company's ceo is one of the wealthiest people in all the world. of course, all that follows that solyndra case in which the government loaned half a billion dollars to a company that went belly up and left taxpayers on the hook. mike emanuel on capitol hill tonight. if you can explain for us why congressman issa appears to be so concerned. >> well, shep, congressman issa

feels like the russian ceo of the steel company is worth $18.5 billion, then why do american taxpayers need to help out? issa thinks it's risky. here is what congressman issa told me earlier today. >> government's crony capitalism is beginning to show the basic problems of having non-businessmen, non-entrepreneurs, if you will, investing in the private sector. the government is taking the risk but getting the short end of the reward. >> now, i should note there are tremendous bipartisan support in michigan for this company getting this loan but critics say the company was already focusing its business, closing facilities in maryland, virginia and ohio. they argue that the taxpayers should not be helping out, shep. >> shepard: what's the energy department saying about this loan and the apparent concerns here? >> well, they are saying that, one, the money has not been given out to this company. they are still going through the process. department of energy spokesman

damion said while it is important to note due diligence on the project is continuing. this project has received bipartisan support because producing the next jerks of automotive advanced high strength steel is vital to helping american workers remain competitive. the company says it has gone through all the hoops. almost a two-year process and met all the qualifications for this loan. shep? >> shepard: mike emanuel live at the rotunda tonight. thanks very much. this one might gross you out there. is a new steady out that claims to reveal the most germ infested areas of all our nation just in time for flu season kimberly clark the kleenex people sent high ginnists out to test items in six major cities. six facilityiest five things. wipe down before you fill up tanks. gas handles rank number one in nastiness. mailbox handles come in second even though they are made for

safety escalator rails are the third dirtiest on the risk. rounding out the top 5, atm buttons and parking meters. according to the study. germs do not hurt just people but the economy. costing $1,700 per employee when somebody calls out sick or even worse comes to work sick. well, just when you thought broccoli maybe couldn't get any healthier. sciences have given it upgrade on the healthy list. they have developed a super broccoli are higher level of certain newt tribute believed to fight cancer and heart disease. told had also helps break down fat. researches say they crossed bread several types of broccoli to get upgreated version of the broc. already available in the union nighted kingdom and set to hit super martinez. eating food with extra amounts of nutrients will make less of a difference than an overall healthy lifestyle. high speed car chase in los angeles kind of typical the way they end every time. the suspect hog tied in this

case face down in the pavement. today, a guy tried to throw a curve ball at police. he slowed things down a bit. in fact, in quite a big way. so did he manage to outwit the los angeles police department? could it be? stay close. ford fusion has now been named the most dependable midsize car by jd power and associates. we go to kimberly. any thoughts on this news? i have no idea what's goin on. we are out. what was that? they told me it's the most dependable midsize sedan and they ran back into their little box. today i own 165 wendy's restaurants. and i get my financing from ge capital. but i also get stuff that goes way beyond banking.

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and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. if you're still having difficulty breathing, take the lead. ask your doctor if incling advair get your first fl prescription free and save on refills at advaircopd.com. >> shepard: you are watching "the fox report" from america's news leader fox news channel slow moving car chase came to a wild finish outside of los angeles. cops tried stopping the driver of that gray sedan there. reportedly on parole after he resisted arrest. anyway, instead, he led police on a pursuit while ignoring most of the road signs though at pretty safe speeds frankly. they all got stuck in traffic for a moment. driver figured to way out of there. half an hour after the crash started, police had him surrounded but he tried to bounce. cops say they tackled him on

that overpass there we didn't get to see it but they promise he is under arrest. before we go our team top five things of the day. new survey shows nearly half of children age 2 to 4 nationwide have used smart phones and tablets. number four some florida lawmakers expand the state's gambling expand jobs and tax revenues. california drug executive dead girlfriend found naked and hanged say they plan to exhume her body for more testing. number two, the latest fox news poll shows herman cain has leaped ahead of the former massachusetts governor mitt romney but frankly it's still a statistical dead heat. number one, president obama unveiling a plan to lower student loan payments. a plan that he says will save more than a million americans hundreds of dollars a month and that's the fox reports' top five. and on this day in 1986, the boston red sox first baseman bill buckner babe bucky buckner

boone. bill buckner committed one of the most storied err he is the infamous ball between the legs. happened after midnight. game six against the new york mets and we all love that year. boston led three games to two. in the bottom of the tenth, the socks sox are were three out from winning it all. the methods tied the game with the winning run on second. wilson hit a dribbler down the first baseline he rushed in but his glove missed the ball. the mets scored, won the game, and then the series, many sox fans pointed to the curse of the bay but play forever tarnished buckner's otherwise great career. an error went down in infamy 25 years ago today. how about them mets? and now you know the news for this wednesday, october 26th, 2011. i'm shepard smith. thanks for having us in. we're back tomorrow, noon pacific, 3:00 eastern for "studio b" which also uses a camera that runs around the room. very exciting. we'lbe